We had another one this week
We had another one this week. A very sweet, gentle, somewhat fragile and nervous-looking woman in her nineties who wanted to amend her will. At least, that's what her very assertive daughter told us.
The daughter, let's call her "Karen," was also, according to her, to become the sole heir and executor. And her brother and sister were to be disinherited, because they provided far too little care for their mother, according to the daughter, who, with her mother in tow, had contacted us.
The daughter asked if we could place the draft of her mother's will in her online My Notary File for review. She doesn't use computers, but the daughter has access to My Notary File, received the access code from her, and can therefore access everything. She would discuss it with her mother. We also asked if she and her mother could come to our office that same week to have the will signed by her mother and the notary. It also couldn't be expensive, because " it's only a few A4 pages, and you only have to fill in a few names. "
Drawing up a will
The contents of the will are confidential. It's nobody's business. Not even your significant other or your children. You're free to share the contents with anyone you wish, of course, but the notary won't discuss your will with anyone. They have a duty of confidentiality. Moreover, a will can be revoked at any time. Only after death can you determine who the heirs are. Furthermore, drawing up a will is a unilateral, non-directed legal act. A will contains the final wishes of only one person. Therefore, you cannot, for example, draw up a single will with your spouse or with an heir. However, as partners, you can include joint arrangements in your will, for example, regarding the guardianship of the children. Spouses' wills can be so similar that they are considered identical.
Four eyes
When the daughter came to our office with her elderly mother to have her mother sign the will, the notary invited the mother and daughter into his office. After the notary had welcomed the ladies and the daughter had finished her phone call on her mobile phone after a while, the notary explained to his visitor that, based on case law, he is generally obligated to speak with a testator in private to ensure that the will is truly the testator's last will and not, for example, that of his children. This had recently gone wrong with a notary in Limburg, with all the dire consequences that entailed. The notary told the mother and daughter what had happened with that Limburg notary.
What had happened at the Limburg notary
A Maastricht notary has been removed from office by the Amsterdam Court of Appeal for serious negligence surrounding the inheritance of a woman with dementia who was murdered. The Chamber for Notaries previously imposed a two-week suspension for this. The notary is also facing criminal prosecution.
A 76-year-old woman died in a nursing home in Maastricht in late July 2016 under suspicious circumstances. Her general practitioner, who married her daughter shortly after her death, is suspected of having administered an excessive dose of morphine. The Public Prosecution Service launched a criminal investigation in 2018. The substantive hearing of the case has yet to begin.
Six weeks before her death, the woman made her will, under the guidance of a notary. The notary was a "good friend" of the family doctor and son-in-law. While drafting the will, he barely spoke with the woman of French descent, who spoke primarily German and had only lived in the Netherlands since 2015. Contact regarding the will went through the daughter—her mother's trustee and sole heir—and the family doctor, who were shown the draft will. Moreover, the daughter had arranged the signing appointment; the mother was not even present at the preliminary meeting about the contents of the will, the living will, and the power of attorney. Furthermore, the notary never spoke to the woman in private; the daughter and her husband, the family doctor, were present throughout the entire signing appointment. Just before signing the will, the notary did not check with the mother herself whether she fully understood the deed's contents. The notary had not invited a translator to the signing of the deed to translate it for the woman. The Amsterdam Court of Appeal found that the notary seriously failed in his duty of care, information, and instruction. After the daughter's marriage, the general practitioner acquired a financial interest in the estate; the notary was insufficiently aware of this. Furthermore, he should have more thoroughly investigated the mother's mental capacity, as she lived in a dementia home and was under guardianship. In the court's opinion, the notary "grossly violated" the core values of independence, impartiality, and due care. The court ruled:
in view of social confidence in the notarial profession, the court finds the previously imposed measure of a two-week suspension too lenient.
Would you please wait in our lounge?
After our notary had briefly described the case to the mother and daughter, he asked her to sit in the lounge so he could talk to her one-on-one. With healthy reluctance, the daughter then stomped out of the room to complain loudly and clearly to the receptionist about the approach and behavior of the notary, who she considered rude and unempathetic.
While the daughter was causing a commotion in the lounge with complete conviction, and our experienced and patient receptionist managed to calm her down with a listening ear, the notary, with the same calm and composure, discussed her last will and testament at length with the mother – unhindered by her presence. Who mother and daughter are, and what the mother's last will and testament turned out to be, is none of your business. And while that may be somewhat unsatisfactory, you are also aware of the notary's duty of confidentiality.
Our approach and approach
There should be no misunderstanding; we will always strictly adhere to our duty of care, information, and instruction. When executing a will, we will privately question the testator or testatrix—or only in the presence of the spouse or registered partner—whether the will was made freely and not under duress, at the behest of, or influenced by third parties. The deed will always be executed in the language the notary understands, or otherwise in the presence of an interpreter/translator who will translate the substance of the deed. Even if this results in angry, stamping Karens at our office who feel they owe us a lecture on good manners.
The daughter, let's call her "Karen," was also, according to her, to become the sole heir and executor. And her brother and sister were to be disinherited, because they provided far too little care for their mother, according to the daughter, who, with her mother in tow, had contacted us.
The daughter asked if we could place the draft of her mother's will in her online My Notary File for review. She doesn't use computers, but the daughter has access to My Notary File, received the access code from her, and can therefore access everything. She would discuss it with her mother. We also asked if she and her mother could come to our office that same week to have the will signed by her mother and the notary. It also couldn't be expensive, because " it's only a few A4 pages, and you only have to fill in a few names. "
Drawing up a will
The contents of the will are confidential. It's nobody's business. Not even your significant other or your children. You're free to share the contents with anyone you wish, of course, but the notary won't discuss your will with anyone. They have a duty of confidentiality. Moreover, a will can be revoked at any time. Only after death can you determine who the heirs are. Furthermore, drawing up a will is a unilateral, non-directed legal act. A will contains the final wishes of only one person. Therefore, you cannot, for example, draw up a single will with your spouse or with an heir. However, as partners, you can include joint arrangements in your will, for example, regarding the guardianship of the children. Spouses' wills can be so similar that they are considered identical.
Four eyes
When the daughter came to our office with her elderly mother to have her mother sign the will, the notary invited the mother and daughter into his office. After the notary had welcomed the ladies and the daughter had finished her phone call on her mobile phone after a while, the notary explained to his visitor that, based on case law, he is generally obligated to speak with a testator in private to ensure that the will is truly the testator's last will and not, for example, that of his children. This had recently gone wrong with a notary in Limburg, with all the dire consequences that entailed. The notary told the mother and daughter what had happened with that Limburg notary.
What had happened at the Limburg notary
A Maastricht notary has been removed from office by the Amsterdam Court of Appeal for serious negligence surrounding the inheritance of a woman with dementia who was murdered. The Chamber for Notaries previously imposed a two-week suspension for this. The notary is also facing criminal prosecution.
A 76-year-old woman died in a nursing home in Maastricht in late July 2016 under suspicious circumstances. Her general practitioner, who married her daughter shortly after her death, is suspected of having administered an excessive dose of morphine. The Public Prosecution Service launched a criminal investigation in 2018. The substantive hearing of the case has yet to begin.
Six weeks before her death, the woman made her will, under the guidance of a notary. The notary was a "good friend" of the family doctor and son-in-law. While drafting the will, he barely spoke with the woman of French descent, who spoke primarily German and had only lived in the Netherlands since 2015. Contact regarding the will went through the daughter—her mother's trustee and sole heir—and the family doctor, who were shown the draft will. Moreover, the daughter had arranged the signing appointment; the mother was not even present at the preliminary meeting about the contents of the will, the living will, and the power of attorney. Furthermore, the notary never spoke to the woman in private; the daughter and her husband, the family doctor, were present throughout the entire signing appointment. Just before signing the will, the notary did not check with the mother herself whether she fully understood the deed's contents. The notary had not invited a translator to the signing of the deed to translate it for the woman. The Amsterdam Court of Appeal found that the notary seriously failed in his duty of care, information, and instruction. After the daughter's marriage, the general practitioner acquired a financial interest in the estate; the notary was insufficiently aware of this. Furthermore, he should have more thoroughly investigated the mother's mental capacity, as she lived in a dementia home and was under guardianship. In the court's opinion, the notary "grossly violated" the core values of independence, impartiality, and due care. The court ruled:
The notary failed to consider the mother's vulnerable position in any way, let alone act accordingly. By relying solely on information from the daughter and the GP/son-in-law, two (in)direct stakeholders in the deeds in question, he failed to adopt a critical stance.
in view of social confidence in the notarial profession, the court finds the previously imposed measure of a two-week suspension too lenient.
The seriousness of the accusations rightly leveled against the notary justifies the imposition of the most severe measure of removal from office. Only this measure is an appropriate response to the very serious shortcomings of the notary in the performance of his duties .
Would you please wait in our lounge?
After our notary had briefly described the case to the mother and daughter, he asked her to sit in the lounge so he could talk to her one-on-one. With healthy reluctance, the daughter then stomped out of the room to complain loudly and clearly to the receptionist about the approach and behavior of the notary, who she considered rude and unempathetic.
While the daughter was causing a commotion in the lounge with complete conviction, and our experienced and patient receptionist managed to calm her down with a listening ear, the notary, with the same calm and composure, discussed her last will and testament at length with the mother – unhindered by her presence. Who mother and daughter are, and what the mother's last will and testament turned out to be, is none of your business. And while that may be somewhat unsatisfactory, you are also aware of the notary's duty of confidentiality.
Our approach and approach
There should be no misunderstanding; we will always strictly adhere to our duty of care, information, and instruction. When executing a will, we will privately question the testator or testatrix—or only in the presence of the spouse or registered partner—whether the will was made freely and not under duress, at the behest of, or influenced by third parties. The deed will always be executed in the language the notary understands, or otherwise in the presence of an interpreter/translator who will translate the substance of the deed. Even if this results in angry, stamping Karens at our office who feel they owe us a lecture on good manners.
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Why MAES notaries
We guide our clients through the moments that truly matter in life. Whether for business or pleasure. We offer peace of mind, reliability, and security. Impeccable, dedicated, and honest.
Corporate Social Responsibility
We recognize the responsibility we bear for our stakeholders: our customers, our employees, suppliers, the government, and the society we are part of. This applies to both our professional and social spheres. Our social responsibility focuses on three themes: governance , a sustainable living environment, and social engagement. We hope to make an impact through these initiatives.